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Leovillo C. Agustin vs. Court of Appeals, et al.

LEOVILLO C. AGUSTIN, petitioner vs. COURT OF APPEALS and FILINVEST FINANCE CORP., respondents.

G.R. No. 107846 | 1997-04-18

R E S O L U T I O N


FRANCISCO, J.:

This is an appeal by certiorari from the decision of respondent Court of Appeals in CA-G.R. No. 24684 1 which affirmed the order of Regional Trial Court, Branch 40, Manila, in Civil Case No. 84804. 2

The dispute stemmed from an unpaid promissory note dated October 28, 1970, executed by petitioner Leovillo C. Agustin in favor of ERM Commercial for the amount of P43,480.80. The note was payable in monthly installments 3 and secured by a chattel mortgage over an Isuzu diesel truck, 4 both of which were subsequently assigned to private respondent Filinvest FinanceCorporation. 5 When petitioner defaulted...